Privacy Policy

Introduction

1. Octiv operates the https://octivfitness.com website (“the Website”) and the Octiv fitness online application (“the Octiv Application”).

2. The purpose of this Privacy Statement is to describe the way we collect, store, use, and protect personal information which we obtain from users of the Website and the Octiv Application (“together referred to as the Octiv Online Platform”).

Personal information

1. If we refer to “personal information” or “PI” in this Privacy Statement, we mean personal information as defined in the South African Protection of Personal Information Act, 4 of 2013 (“POPIA”).

2.Personal information that we collect through the Octiv Online Platform may include:

2.1. Website usage information using cookies which allows us to detect internet usage about you as a visitor of the Website and how you interact with the Website (“website navigational information”).

2.2. If you are a member of a fitness facility with which Octiv is affiliated (“Octiv Studio”), or a staff member at an Octiv Studio, we may collect your name, surname, company name, and e-mail address (“contact information”) when you sign up and create a profile and/or when you subscribe to the Octiv Online Platform.

2.3. As an Octiv Studio member who has created an Octiv Online profile, we will collect and process the personal information that you provide to us through the Octiv Application specifically relating to your physical activity, scheduled classes and exercise habits, attendance at Octiv Studio locations and your physical performance during exercise, if applicable.

2.4. As an Octiv Studio member, we will collect and process your billing information on behalf of our Octiv Studios and have instructed us to do so. In these instances, we are acting as operators or processors on behalf of the Octiv Studio, which is the responsible party. We have data processing agreements in place with these customers.

2.5. If you are person who is interested in employment or would like to apply to work as a service provider at Octiv, we may ask you for your resume. We will, in this instance, be collecting your name, surname, date of birth, work experience, educational background, address, ethnicity and nationality (“applicant information”).

2.6. Optional information which you may provide to us voluntarily as part of a campaign or marketing initiatives related to the Octiv Online Application and the related services and products which we offer, and you have subscribed for.

3. Personal Information excludes:

3.1. Information that has been made anonymous so that it does not identify a specific person.

3.2. Permanently de-identified information that does not relate or cannot be traced back to you specifically.

3.3. Non-personal statistical information collected and compiled by us.

Application and acceptance

1. This Privacy Statement applies to you if you are a visitor to the Website, if you have created an Octiv Fitness profile with a membership subscription to an affiliated Octiv Studio, if you are interested in becoming an Octiv Studio, business partner or customer; or a person who is interested in becoming an Octiv service provider or employee.

2. You may only provide us with your own personal information or the personal information of another person where you have their permission to do so.

3. The Website may include links to sites, some of which are affiliated and some of which are unaffiliated sites. These include Discovery, Facebook, Instagram and YouTube. Those websites will have their own privacy policies that you may wish to review. We have no responsibility for unaffiliated linked websites or any use of those sites and their privacy practices. The Website may also contain links to our presence on various social media platforms. As we do not operate or control such platforms, this Privacy Statement does not apply to your use of such platforms.

Your rights as a data subject

1.We have listed below the rights that you have under POPIA and the GDPR in relation to the collection, use, processing and storage of your personal information:

1.1 The right to access – you can ask for copies of your personal information. Please see the ICO Guidelines on the Right to Access for more information on this right.

1.2. The right to correction – you can ask us to correct or update inaccurate personal information. Please see the ICO Guidelines on the Right to Rectification for more information on this right.

1.3. The right to deletion – you can ask us to erase your personal information in certain circumstance. You can also withdraw your consent, where consent is the legal basis for processing your personal information. Please see the ICO Guidelines on the Right to Erasure.

1.4. The right to data portability – if you are an EU citizen, you can ask us to transfer your personal information, which we obtained from you to another organisation or to you. Please see the ICO Guidelines on Data Portability.

1.5. The right to restrict procession – you have the right to ask is to restrict the processing of your personal information in certain circumstances Please see the ICO guidelines on the Right to Restrict Processing.

1.6. The right to complain to a supervisory authority – you can complain about our processing of your personal information.

2. You can obtain more information about your participation rights as a data subject in South Africa and how to exercise them by reading our POPIA and Data Subject Participation Manual.

3. These rights are subject to certain limitations and exceptions.

Purpose of information collection

1. We collect your contact information through this Website mainly to contact you for the purpose of understanding your needs, delivering and improving our service offering.

2. We collect and process your applicant information in order to assess your suitability as a potential employee or service provider.

3. We collect and process your website navigational information in order to improve our interaction with you as a visitor to our Website. We consider these to be legitimate business purposes.

4. The type of information we collect will depend on the type of data subject that you are and the purpose for which it is collected and used. We will only collect information that we need for that purpose.

5. We collect information directly from you where you provide us with your personal details through the Octiv Online Platform. Where possible, we will inform you what information you are required to provide to us and what information is optional.

6. Our service is not directed to children younger than 18 years old we do not knowingly collect personally identifiable information from children under the age of 18 years old.

Browser terms and software as a service terms

1. There are other terms which are applicable to your use of the Octiv Online Platform such as our website browser terms.

2. Software as a Service (SaaS) terms and our Data Processing Agreement become applicable when you purchase and access the Octiv Online Application.

3. Please note that third parties who advertise on our Website may also use cookies, but we do not have access to, or control over them, and therefore cannot take responsibility for them.

4. We use Google Analytics. Google Analytics gathers information about the use of our Website by means of cookies. The information gathered is used to create reports about the use of our Website. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page https://policies.google.com/privacy.

Sharing of personal information

1. We will keep your personal information confidential and only share it with others if it is necessary for us to perform services to you, to protect our legitimate interest or yours, if you consent to it, or if the law obliges us to share. We have trusted relationships third parties who perform services for us. All these service providers have a legal obligation to secure your personal information and to use it only in a way that we permit. For a list of our third – party service providers or sub-processors and how we process personal information as an operator, please see our Data Processing Agreement.

2. We will not sell personal information, unless such information has been appropriately anonymised ensuring all identifying fields have been securely masked and encrypted. No personalised individual data will be disclosed to anyone except as provided in this Privacy Statement.

3. Our Website may connect to various social media sites or apps, including Facebook, LinkedIn, and Instagram. If you want to use our Website for social media integration, including to create user profiles and login functionality, we will share your information with the relevant social media sites or apps.

4. We may transmit or transfer personal information outside of South Africa or outside of the EU as the case may be. Where personal information is transferred abroad, we make sure that adequate levels of security are in place with the data importer and that we have the appropriate contractual arrangements in place to govern the cross-border flow of personal information.

Retention of information

1. We will aim to keep the personal information we collect as accurate, complete, and up to date as is necessary for the purposes in this Privacy Statement.

2. We will only retain your personal information for as long as it is necessary to fulfil the purpose for which it was collected and for as long as that purpose continues unless otherwise required by law or you have consented to the retention of the record.

Concerns and security breach

1. We will report any security breach to the Information Regulator in South Africa or the relevant supervisory authority in the European Union, and to the individuals or companies involved. If you want to report any concerns about our privacy practices or if you suspect any breach regarding your information, kindly notify our Information Officer by sending an email to [email protected].